Maersk (Judicial cooperation in civil and commercial matters - Contract for the carriage of goods evidenced by a bill of lading - Enforceability against the third-party holder of the bill of lading - Judgment) [2024] EUECJ C-345/22 (25 April 2024)

Maersk (Judicial cooperation in civil and commercial matters - Contract for the carriage of goods evidenced by a bill of lading - Enforceability against the third-party holder of the bill of lading - Judgment) [2024] EUECJ C-345/22 (25 April 2024)

Article 25(1) of Brussels Ia Regulation does not govern enforceability of jurisdiction clauses against third-party holders by the law of the designated court; enforceability depends on whether the third party is subrogated to all rights and obligations under national substantive law. National legislation requiring individual negotiation of jurisdiction clauses for enforceability against third parties is precluded by Article 25(1).

Citation
[2024] EUECJ C-345/22
Parties
Applicant: Maersk A/S; Respondent: Allianz Seguros y Reaseguros SA; Respondent: Mapfre España Compañía de Seguros y Reaseguros SA; Applicant: MACS Maritime Carrier Shipping GmbH & Co.
Jurisdiction
European Union
Judgment Date
25 April 2024
Procedural Posture
Preliminary Ruling / Joined Cases, Decision on Interpretation of EU Regulation
Outcome
Interpretation granted; national law precluded; referring court must disapply conflicting national legislation.
Legal Topics
Jurisdiction Clauses, Bills of Lading, Subrogation, Enforceability Against Third Parties, Primacy of EU Law
EU Law Private International Law Transport Law Commercial Law Jurisdiction Clauses Bills of Lading Subrogation Enforceability Against Third Parties +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Maersk A/S

Applicant

Allianz Seguros y Reaseguros SA

Respondent

Mapfre España Compañía de Seguros y Reaseguros SA

Respondent

MACS Maritime Carrier Shipping GmbH & Co.

Applicant

Procedural Posture

Preliminary Ruling / Joined Cases, Decision on Interpretation of EU Regulation

Legal Issues

  1. 1 Whether Article 25(1) of Brussels Ia Regulation governs enforceability of jurisdiction clauses against third-party holders of bills of lading
  2. 2 Compatibility of Spanish national law (LNM) requiring individual negotiation of jurisdiction clauses with EU law
  3. 3 Whether Member States can impose additional validity requirements for jurisdiction clauses in bills of lading

Ratio Decidendi

Article 25(1) of Brussels Ia Regulation does not govern enforceability of jurisdiction clauses against third-party holders by the law of the designated court; enforceability depends on whether the third party is subrogated to all rights and obligations under national substantive law. National legislation requiring individual negotiation of jurisdiction clauses for enforceability against third parties is precluded by Article 25(1).

Court Disposition

Interpretation granted; national law precluded; referring court must disapply conflicting national legislation.

Orders

  • Article 25(1) Brussels Ia Regulation interpreted as not governing enforceability by law of designated court; enforceability depends on subrogation under national law.
  • Article 25(1) precludes national legislation requiring individual negotiation for jurisdiction clause enforceability against third-party holders of bills of lading.